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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Year: 2011 Page 5 of about 4,065 results (0.110 seconds)

Aug 17 2011 (SC)

State of Haryana and ors. Vs. Ms Malik Traders

Court : Supreme Court of India

Decided on : Aug-17-2011

..... petitioner not honouring the commitment. however, we cannot agree with the view taken by the high court. it is true that as per section 5 of the indian contract act, 1872 (hereinafter referred to as the act ), a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer. it is also true that before receipt ..... bank guarantee and/or enforcing the bid security, there is no statutory right, exercise of which was being fettered. there is no term in the contract which is contrary to the provisions of the indian contract act. the indian contract act merely provides that a person can withdraw his offer before its acceptance. but withdrawal of an offer, before it is accepted, is a completely ..... to claim that the earnest/security be returned to him. forfeiture of such earnest/security, in no way, affects any statutory right under the indian contract act. such earnest/security is given and taken to ensure that a contract comes into existence. it would be an anomalous situation that a person who, by his own conduct, precludes the coming into existence of the ..... .: (a) whether the forfeiture of security deposit was without authority of law and without any binding contract between the parties and also contrary to section 5 of the contract act; and (b) whether the writ petition was maintainable in a claim arising out of a breach of contract. without considering question (b), the high court allowed the writ petition on the ground that the .....

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Aug 16 2011 (HC)

M/S Century Aluminium Manufactring Co Ltd Vs. M/S Goodpal Industry Lim ...

Court : Delhi

Decided on : Aug-16-2011

..... alleged to have been suffered by the plaintiff-company. 5. section 230 of contract act, 1872, to the extent it is relevant, provides that in the absence of any contract to that effect, an agent is not personally liable by the contracts entered into by him on behalf of his principal. it further provides that such ..... any cause of action against defendant no. 2 and in any case, the suit is in such a case would be hit by section 230 of contract act, thereby attracting order vii rule 11(d) of the code of civil procedure, besides being bad for misjoinder of defendant no. 2 which is neither ..... also alleged that the second defendant was transacting business at bombay through defendant no. 3, which was its local agent. relying upon section 230 of contract act, the suit was dismissed against defendant no. 3 6. the learned counsel for the plaintiff has pointed out that the indent was accepted by the plaintiff ..... this document also purports to be signed by the authorized signatory of defendant no. 1. since the contract was not made by defendant no. 2 on behalf of defendant no. 1, the presumption under section 230 of contract act cannot be drawn in this case. in any case, even if such a presumption is raised, ..... to less stuffing will have to be compensated by seller, which is yet another indicator that defendant no. 2 was acting only as a facilitator. since no term stipulated in the purchase contract is contrary to the terms and conditions of the indent dated 26th may, 2010, it cannot be said that .....

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Aug 11 2011 (HC)

Jitendra S/O Manindranath Bose Vs. the State of Maharashtra and anr.

Court : Mumbai Nagpur

Decided on : Aug-11-2011

..... for the petitioner also relied on the provisions of section 65 of the contract act, 1872 to submit that as the contract became void, the state, having received the advantage under the void contract or agreement, was bound to restore it to the petitioner, who did not carry on the ..... pay in any trading and business transaction and thus falls within the realm of a contract. the learned counsel for the petitioner submitted by relying on the provisions of section 56 of the contract act, 1872 that the contract to deal with liquor became impossible in view of the prohibitory order of the high ..... court and as the petitioner was prevented from carrying on the business in liquor, the contract for that period became void. the learned counsel ..... , we find that the reliance placed on behalf of the licensee on the provisions of section 56 and 65 of the contract act is not well founded. the act and the rules do not permit any recourse to these provisions. since privilege fees are charged by the government for parting with ..... with the privilege by granting a license in favour of the petitioner. according to the learned additional government pleader, the government enters into a contract with the holder of the license for carrying out the trade or business, which exclusively vests in the state government and while conferring the .....

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Aug 05 2011 (HC)

Tebma Shipyards Limited Vs. Board of Trustees of TuticorIn Port Trust

Court : Chennai

Decided on : Aug-05-2011

..... order passed by the respondent, on the ground that the order is prima facie without jurisdiction, as the respondent has no right under section 171 of the indian contract act, 1872, to invoke the general lien, as it is neither a banker, factor, wharfinger, attorney of a high court or policy broker. 20. this contention of ..... ready on 07.11.2006 itself, where was the occasion to issue a second work order dated 15.12.2006. 30. according to the provisions of the contract act, acceptance is only complete when it is received by the offerer. therefore, there was no valid offer on the date, when the letter of acceptance was ..... the hon'ble supreme court has been pleased to lay down, that the port trust constituted under the major port trust act is a wharfinger, and can exercise general lien under section 171 of the contract act. the hon'ble supreme court has laid down, that no restricted meaning can be given to section 171 of the ..... contract act. 21. the other ground of challenge by the learned counsel for the petitioner, is that the action of the respondent is totally arbitrary, ..... the respondent, is that under general lien, they could retain that amount, and adjust towards forfeiture of emd, on failure of the petitioner, to execute the contract and comply with the security after its offer was accepted. 23. however, the learned counsel for the petitioner contends, that this could only be done, if .....

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Aug 05 2011 (HC)

V. Govindappa Since Deceased by L.Rs. and Others Vs. Karnataka State F ...

Court : Karnataka

Decided on : Aug-05-2011

..... as to their liability to the corporation at that particular time. 16. sections 126, 128, 129 and 130 of the contract act, 1872, being relevant, read as follows: 126. contract of guarantee, surety, principal debtor and creditor,- a contract of guarantee is a contract to perform the promise, or discharge the liability, of a third person in case of his default. the person who ..... 1996 showing the outstanding amount in the loan account of the industrial concern to be realized from the guarantors to the loan transaction. guarantors liability depends upon the terms of contract. ex.p-15 being a continuing guarantee, the principal amount being due and payable, the guarantors also remained liable. the guarantors did not repudiate their liability towards the ..... be either oral or written. 128. suretys liability.- the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract. 129. continuing guarantee.- a guarantee which extends to a series of transactions is called a continuing guarantee. 130. revocation of continuing guarantee.- a continuing guarantee may at any ..... in the petition filed before the learned district judge at kolar. 3. material facts of the case are: the petitioner is a financial corporation established under section 3 of the act. the 1st respondent is a private limited company, respondents 2 to 7 are its directors. the 1st respondent through its direction, respondents 2 and 3/appellants, came forward .....

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Aug 04 2011 (SC)

Bakshi Dev Raj and anr Vs. Sudheer Kumar

Court : Supreme Court of India

Decided on : Aug-04-2011

..... , for reasons to be recorded, thinks fit to grant such adjournment. explanation--an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule. 9) the very same rule was considered by this court in ..... that the concession given by the counsel for the appellants before the high court was not lawful and in violation of section 23 of the indian contract act, 1872 and that the second appeal was disposed of without hearing on substantial questions of law framed by the court, the appellants filed review petition (c ..... of rs.40,000/- paid by him by way of earnest money, alleging that he was in breach of the contract dated 04.06.1979 entered into between colonel sukhdev singh, acting as guardian of the appellant, then a minor, and the respondent, for the sale of residential house no. 1577, ..... undue delay, loss and inconvenience, especially in the case of non- resident persons. it has always been universally understood that a party can always act by his duly authorised representative. if a power-of-attorney holder can enter into an agreement or compromise on behalf of his principal, so can ..... traditionally recognised role of counsel in the common law system, and the evil sought to be remedied by parliament by the c.p.c. (amendment) act, 1976, namely, attainment of certainty and expeditious disposal of cases by reducing the terms of compromise to writing signed by the parties, and allowing the .....

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Aug 04 2011 (HC)

Surender Malhotra Vs.Agricultural Products Market Committee and ors

Court : Delhi

Decided on : Aug-04-2011

..... filed i.e. of the gpa coming to an end on the demise of the father of the petitioner, is contrary to law i.e. section 202 of the indian contract act, 1872. the power of attorney, from a reading thereof appears to be for consideration. the division bench of this court in asha m. jain v. the canara bank manu/de/1304 .....

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Aug 02 2011 (SC)

Shehammal Vs. Hasan Khani Rawther and ors.

Court : Supreme Court of India

Decided on : Aug-02-2011

..... said question was one of the important questions which fell for consideration, since it had a direct bearing on the question in the light of section 23 of the indian contract act, 1872. mr. giri submitted that the bar to a transfer of a right of spes successionis is not an absolute bar and would be dependent on circumstances such as receipt of ..... opened on the death of the owner of the property. 15. mr. giri contended that any decision to the contrary would offend the provisions of section 23 of the indian contract act, 1872, as being opposed to public policy. mr. giri urged that the principles of mahomedan law in relation to the law as incorporated in the transfer of property ..... conduct which may create an estoppel against claiming the right at a time when the right of inheritance has accrued . it was observed by the learned judges that the contract act and the evidence act would not strictly apply since they did not involve questions arising out of mohammedan law. this court accordingly held that the renunciation of a supposed right, based upon ..... act and the indian contract act, had been considered in great detail by the three-judge bench in gulam abbas's case (supra). learned counsel pointed out that on a conjoint reading of section 6 of .....

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Jul 28 2011 (HC)

Hi Point Services Pvt.Ltd. Vs. Chloro Controls (India) Pvt.Ltd. and or ...

Court : Delhi

Decided on : Jul-28-2011

..... foundation in the plaint for invoking clause 4.5 of the shareholders agreement. 28.mr.kapadia invited our attention to section 27 of indian contract act, 1872 (for short 'act') to contend that even otherwise clause 4.5 is void. in support of this submission, he relied upon the judgment of the apex ..... is in restraint of trade, as contained in clause (10) of the service agreement between the parties is void under section 27 of the indian contract act, 1872?, (ii) whether the said restrictive covenant assuming it to be valid, is on its terms enforceable at the instance of the appellant company against ..... therein,; provided that such limits appear to the court reasonable, regard being had to the nature of the business. 30.section 27 of the contract act is general in terms and declares all agreements in restraint void pro tanto except in the case specified in the exception. the observations of sir ..... upon the statute during many years past. in this view of the matter, if we adopt the construction of s.27 of the indian contract act as first suggested by sir richard couch and subsequently affirmed in the cases to which we have referred, a construction which is consistent with ..... of the law, specially as the legislature has deliberately left the provision in s.27, in its original form, though other provisions of the contract act have from time to time been amended. the interference would be almost irresistible under these circumstances, that the courts have rightly ascertained the intention of .....

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Jul 20 2011 (SC)

Ms Sms Tea Estates P.Ltd. Vs. Ms Chandmari Tea Co.P.Ltd.

Court : Supreme Court of India

Decided on : Jul-20-2011

..... null and void shall not entail ipso jure the invalidity of the arbitration clause.8. but where the contract or instrument is voidable at the option of a party (as for example under section 19 of the indian contract act, 1872), the invalidity that attaches itself to the main agreement may also attach itself to the arbitration agreement, if the reasons which make the ..... document (which is compulsorily registrable) is a collateral transaction, in respect of which such unregistered document can be received as evidence under the proviso to section 49 of the registration act.7. when a contract contains an arbitration agreement, it is a collateral term relating to the resolution of disputes, unrelated to the performance of the ..... little else. be that as it may.15. before an arbitrator can be appointed under section 11 of the act, the applicant should satisfy the learned chief justice or his designate that the arbitration agreement is available in regard to the contract/document in regard to which the dispute has arisen. for example if the parties had entered into two agreements and ..... on that ground, not only the agreement for sale, but any arbitration agreement therein will not be binding.9. an arbitration agreement does not require registration under the registration act. even if it is found as one of the clauses in a contract or instrument, it is an independent agreement to refer the disputes to arbitration, which is independent of the main .....

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